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2016 Regular Session
HOUSE BILL NO. 1149 (Substitute for House Bill No. 682 by Representative Leger)
BY REPRESENTATIVE LEGER
LEVEES: Provides relative to the Southeast Flood Protection Authority-East and Southeast
Flood Protection Authority-West Bank
1 AN ACT
2To amend and reenact R.S. 38:330.1(C)(3) and (4), (D)(2), (E), (F)(1), and (H) and to enact
3 R.S. 38:330.1(C)(5) and (D)(3) and 330.2(A)(2)(c), relative to the Southeast Flood
4 Protection Authority-East and Southeast Flood Protection Authority-West Bank; to
5 provide relative to the nominating process for vacancies on the board of
6 commissioners of the Southeast Flood Protection Authority-East and the Southeast
7 Flood Protection Authority-West Bank; to provide relative to the terms of members
8 of the boards of commissioners of the Southeast Flood Protection Authority-East and
9 the Southeast Flood Protection Authority-West Bank; to provide relative to the
10 powers and duties of the board of commissioners of the Southeast Flood Protection
11 Authority-East and the Southeast Flood Protection Authority-West Bank; and to
12 provide for related matters.
13 Notice of intention to introduce this Act has been published
14 as provided by Article III, Section 13 of the Constitution of
15 Louisiana.
16Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 38:330.1(C)(3) and (4), (D)(2), (E), (F)(1), and (H) are hereby
18amended and reenacted and R.S. 38:330.1(C)(5) and (D)(3) and 330.2(A)(2)(c) are hereby
19enacted to read as follows:
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1 §330.1. Southeast Louisiana Flood Protection Authority-East and Southeast
2 Louisiana Flood Protection Authority-West Bank; territorial jurisdiction;
3 board of commissioners; appointments; terms; compensation; vacancy;
4 officers; meetings; domicile
5 * * *
6 C.
7 * * *
8 (3)(a) Within ten days after the occurrence of a an unexpected vacancy on
9 the flood protection authority board, the board shall advise notify the chairman of the
10 Coastal Protection and Restoration Authority of such unexpected vacancy. For
11 purposes of this Paragraph, a vacancy shall be unexpected whenever it occurs for a
12 reason other than the expiration of a term. Within fourteen days after being advised
13 of a vacancy on a board, the chairman of the Coastal Protection and Restoration
14 Authority shall publish notice of the vacancy in the official journal of the state and
15 of each parish within the territorial jurisdiction of the authority. The chairman of the
16 Coastal Protection and Restoration Authority shall cause notification of the
17 unexpected vacancy to be published in the official journal of the state and of each
18 parish within the territorial jurisdiction of the authority. Such notification shall be
19 published no later than thirty days following receipt by the chairman of the Coastal
20 Protection and Restoration Authority of notice of the unexpected vacancy.
21 (b) No sooner than thirty days after the latest date of publication in any of
22 the journals set forth in Subparagraph (a) of this Paragraph nor later than sixty days
23 after that date, the nominating committee shall meet to determine the nominations
24 to send to the governor to fill each vacancy. The nominating committee shall begin
25 meeting to determine the nominations to send to the governor to fill each unexpected
26 vacancy no sooner than thirty days after the latest date of publication set forth in
27 Subparagraph (a) of this Paragraph and no later than ninety days after the latest date
28 of publication set forth in Subparagraph (a) of this Paragraph. The committee shall
29 consider each name submitted to the committee from whatever source and the
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1 committee members may propose names of persons to be considered. After review,
2 the committee shall select the nominees for each unexpected vacancy who meet the
3 requirements of this Section. The committee shall submit one nominee for a each
4 unexpected vacancy in a position provided for in R.S. 38:330.1(C)(1)(a)(i) or (b)(i)
5 Item (1)(a)(i) or (b)(i) of this Subsection and shall submit two nominees for each
6 unexpected vacancy in a position provided for in R.S. 38:330.1(C)(1)(a)(ii) or (iii)
7 or (b)(ii) or (iii) Item (1)(a)(ii) or (iii) of this Subsection or Item (1)(b)(ii) or (iii) of
8 this Subsection. A majority vote of the total membership of the nominating
9 committee shall be required to nominate persons to positions on the board. The
10 committee shall submit its nominations for each unexpected vacancy to the governor
11 for consideration no later than ninety one hundred twenty days after the occurrence
12 notification of the chairman of the Coastal Protection and Restoration Authority of
13 the occurrence of such unexpected vacancy. The governor shall appoint one of the
14 nominees submitted by the committee within thirty days of submission of the
15 nominations for any unexpected vacancy and submit such appointee to the Senate for
16 confirmation within forty-eight hours following the appointment, regardless of
17 whether the legislature is in regular session.
18 (c) If the nominating committee fails to submit a nominee within ninety one
19 hundred twenty days after the occurrence of a vacancy notification of the chairman
20 of the Coastal Protection and Restoration Authority of the occurrence of such
21 unexpected vacancy, the governor shall appoint a person meeting the requirements
22 of this Section within thirty days of the expiration of such time and submit such
23 appointee to the Senate for confirmation within forty-eight hours following the
24 appointment, regardless of whether the legislature is in regular session.
25 (d) In the event that the Senate fails to confirm an appointment made
26 pursuant to this Paragraph by taking no action at all or voting not to confirm an
27 appointee in open session by the end of a regular session, the position shall be
28 considered as having an unexpected vacancy and the process required by this
29 Paragraph shall occur until such position is filled. Any appointee the Senate fails to
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1 confirm shall not be appointed to the same position during any recess of the
2 legislature.
3 (4)(a) Each July first, the board shall notify the chairman of the Coastal
4 Protection and Restoration Authority of any vacancy which will occur on a board in
5 the following year due to expiration of a term, hereinafter in this Paragraph referred
6 to as "expected vacancy". The chairman of the Coastal Protection and Restoration
7 Authority shall cause notification of each expected vacancy to be published in the
8 official journal of the state and of each parish within the territorial jurisdiction of the
9 authority. Such notification shall be published no later than thirty days following
10 receipt by the chairman of the Coastal Protection and Restoration Authority of notice
11 of an expected vacancy.
12 (b) The nominating committee shall begin meeting to determine the
13 nominations to send to the governor to fill each expected vacancy no sooner than
14 thirty days after the latest date of publication set forth in Subparagraph (a) of this
15 Paragraph and no later than ninety days after the latest date of publication set forth
16 in Subparagraph (a) of this Paragraph. The committee shall consider each name
17 submitted to the committee from whatever source and the committee members may
18 propose names of persons to be considered. After review, the committee shall select
19 the nominees for each expected vacancy who meet the requirements of this Section.
20 The committee shall submit one nominee for an expected vacancy in a position
21 provided for in Item (1)(a)(i) or (b)(i) of this Subsection and shall submit two
22 nominees for each expected vacancy in a position provided for in Item (1)(a)(ii) or
23 (iii) of this Subsection or Item (1)(b)(ii) or (iii) of this Subsection. A majority vote
24 of the total membership of the nominating committee shall be required to nominate
25 persons to positions on the board. The committee shall submit its nominations for
26 each expected vacancy to the governor for consideration no later than thirty days
27 prior to the start of regular session. The governor shall appoint one of the nominees
28 submitted by the committee not later than thirty days after receipt of the nominations
29 and shall submit such appointee to the Senate for confirmation within forty-eight
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1 hours afer the appointment is made, regardless of whether the legislature is in regular
2 session. If confirmed, the appointee shall take office the day after the expiration of
3 the term of the board member whose term is expiring.
4 (c) If the nominating committee fails to submit a nominee for an expected
5 vacancy thirty days prior to the start of regular session, the governor shall appoint
6 a person meeting the requirements of this Section. The governor shall submit such
7 appointee to the Senate for confirmation within forty-eight hours after the
8 appointment is made, regardless of whether the legislature is in session. If confirmed,
9 the appointee shall take office the day after the expiration of the term of the board
10 member whose term is expiring.
11 (d) In the event that the Senate fails to confirm an appointment made
12 pursuant to this Paragraph by taking no action at all or voting not to confirm an
13 appointee in open session by the end of a regular session, an unexpected vacancy
14 shall occur the day after the expiration of the term of the board member whose term
15 is expiring and such unexpected vacancy shall be filled in the manner set forth in
16 Paragraph (3) of this Subsection. Any appointee whom the Senate failed to confirm
17 shall not be appointed to the same position during any recess of the legislature.
18 (4)(5) Each appointment made to the board shall be subject to confirmation
19 by the Senate.
20 D.
21 * * *
22 (2) All commissioners thereafter appointed, except a commissioner
23 appointed to fill an unexpired term, shall be appointed as provided in Subsection C
24 of this Section for staggered terms of four years. No member shall serve more than
25 two consecutive four-year terms. A former board member may be reappointed to the
26 board after sitting out four years from the completion of his last consecutive term.
27 (3) Notwithstanding R.S. 24:14(K), no person shall serve on the board
28 beyond the expiration of a term unless reappointed to a position on the board by the
29 process required by either Paragraph (C)(3) or (4) of this Section.
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1 E. Immediately after the members of the board of commissioners have been
2 appointed, or as soon as thereafter is practicable, they shall meet and organize by
3 electing from their number a president, vice president, and secretary who shall
4 perform the duties normally required of such officers. In case of death or resignation
5 of the president, the vice president shall call the board together to fill the vacancy
6 position of the president. In case of absence, inability, or failure to act of the
7 president, the vice president shall perform all the duties of the president.
8 F.(1) A majority of the sitting commissioners of the board shall constitute
9 a quorum to do business. They shall designate the time and select the place for
10 holding their regular sessions, which shall be convened each month. Special
11 meetings may be convened at any time upon the call of the president. Regular
12 monthly meetings of the board shall be convened on a rotating basis at a place to be
13 determined by the board in a levee district under the jurisdiction of the authority.
14 * * *
15 H. A vacancy created by reason of death, resignation, expiration of term,
16 removal, or any other cause shall be filled in the same manner as the original
17 appointment, other than the expiration of a term, shall be an unexpected vacancy to
18 be filled according to Paragraph (C)(3) of this Section.
19 * * *
20 §330.2. Board of commissioners; powers and duties
21 A.
22 * * *
23 (2)
24 * * *
25 (c) After January 1, 2018, the authority or any levee district within the
26 territorial jurisdiction of the authority may divest itself of any drainage or pumping
27 responsibilities that would otherwise fall to the responsibility of a parish governing
28 authority.
29 * * *
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HB NO. 1149
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1149 Engrossed 2016 Regular Session Leger
Abstract: Changes the nominating and appointment process for the boards of
commissioners for the Southeast Flood Protection Authority-East and Southeast
Flood Protection Authority-West Bank and provides relative to the powers and duties
of such authorities.
Present law provides a process by which the board of commissioners of the Southeast Flood
Protection Authority-East and Southeast Flood Protection Authority-West Bank are
nominated and appointed.
Proposed law changes present law in that it provides for a process to be followed for a
vacancy which will occur due to the expiration of a term (expected vacancy) and a vacancy
which occurs for any other reason (unexpected vacancy).
Proposed law requires the nomination process for an expected vacancy to begin one year
prior to the occurrence of an expected vacancy.
Proposed law requires the nominating committee for such boards to provide nominations to
the governor for appointments for expected and unexpected vacancies in a certain time
frame.
Proposed law requires the governor to make appointments within a certain time frame for
expected and unexpected vacancies and submit such appointments to the Senate for
confirmation within 48 hours of making such appointments.
Proposed law requires the governor, in the event that the nominating committee does not
provide nominees to him in a certain amount of time, to make such appointments and submit
such appointments to the Senate for confirmation within 48 hours of making such
appointments.
Present law provides that all commissioners appointed, except a commissioner appointed to
fill an unexpired term, shall be appointed as provided in present law for staggered terms of
four years and that no member shall serve more than two consecutive four-year terms.
Proposed law adds that a former board member may be reappointed to the board after sitting
out four years from the completion of his last consecutive term.
Present law provides that notwithstanding any other provision of law, all persons who are
appointed to a position on a board, commission, committee, or district, which requires
Senate confirmation, including persons appointed to a partial term shall be subject to
reconfirmation as follows:
(1)The service of each appointee appointed to a term concurrent with the appointing
official or at the pleasure of the appointing official expires at the end of the
appointing official's term as provided for in Article IV, §3 of the Constitution of
Louisiana or as otherwise provided for by law.
The appointee may continue to serve until the end of the second regular session of the
legislature following the beginning of the legislative term at which time the position will
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become vacant unless the appointee is reappointed to the position and has been confirmed
by the Senate prior to the end of the second legislative session.
(2)The service of each appointee appointed to a fixed term shall expire at the end of the
term to which the appointee was appointed.
The appointee may continue to serve until the end of the second regular session of the
legislature following the expiration of the term.
Proposed law provides that notwithstanding present law no person shall serve on the board
of commissioners beyond the expiration of a term unless reappointed to a position on the
board by the process required by proposed law.
Present law provides that a majority of the commissioners of the board shall constitute a
quorum to do business.
Proposed law specifies that a majority of the sitting commissioners of the board shall
constitute a quorum to do business.
Present law provides that a vacancy created by reason of death, resignation, expiration of
term, removal, or any other cause shall be filled in the same manner as the original
appointment.
Proposed law provides that a vacancy created by reason of death, resignation, removal, or
any other cause other than the expiration of a term shall be an unexpected vacancy to be
filled according to proposed law pertaining to unexpected vacancies.
Proposed law provides that after Jan. 1, 2018, the authority or any levee district within the
territorial jurisdiction of the authority may divest itself of any drainage or pumping
responsibilities that would otherwise fall to the responsibility of a parish governing
authority.
(Amends R.S. 38:330.1(C)(3) and (4), (D)(2), (E), (F)(1), and (H); Adds R.S. 38:330.1(C)(5)
and (D)(3) and 330.2(A)(2)(c))
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